CT2015-070 Intergovernmental Agreement

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INTERGOVERNMENTAL AGREEMENT (REGARDING COST SHARING FOR BOXELDER BASIN STORMWATER MITIGATION IMPROVEMENTS) THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into this JJ h day of Ave-a(H 2012, by and between THE TIMNATH DEVELOPMENT AUTHORITY, COLORADO, an urban renewal authority established pursuant to Title 31,Article 25, Part 1 of the Colorado Revised Statutes (hereinafter referred to as the"TDA"), and THE BOXELDER BASIN REGIONAL STORMWATER AUTHORITY, a Colorado regional stormwater authority (hereinafter referred to as the "Authority") formed by an Intergovernmental Agreement dated August 20,2008,among Larimer County,the City of Fort Collins, and the Town of Wellington(hereinafter each individually referred to as a"Member"). RECITALS WHEREAS, the Members have previously adopted the Boxelder Creek Regional Stormwater Master Plan,effective as of October of 2006 (the"Master Plan"),pursuant to which the Authority will construct various project improvements, including but not limited to detention areas or flood storage facilities; reservoirs; open channels; irrigation canal overflow or spill structures; diversion or confinement berms; utility relocations; road and railroad crossing structures; water quality enhancement features; and landscaping of disturbed areas, all as identified in the Master Plan; and WHEREAS, recent growth in the Timnath Growth Management Area, the Fort Collins Growth Management Area, and the Wellington Growth Management Area suggests that increased coordination and cooperation between the TDA and the Authority may result in better management, design, construction, maintenance, and joint financing of stormwater mitigation facilities;and WHEREAS, the TDA and the Authority have identified mutually beneficial projects to address flood impacts in the Boxelder Creek Basin as it impacts the parties, which projects are conceptually described below and visually depicted on"Exhibit A",a copy of which is attached hereto and incorporated herein by reference;and WHEREAS, the TDA and the City of Fort Collins have separately identified mutually beneficial projects to address flood impacts to the Boxelder Creek Basin generally located south and west of the crossing of Boxelder Creek under Interstate 25 and down to Boxelder Creek's confluence with the Cache La Poudre River;and WHEREAS, the TDA and the Authority desire to move forward cooperatively in order to provide for the investigation,conceptual planning,preliminary design,and construction of the projects described herein;and Page 1 of 10